Adolpho Rodriquez v. United States

Following a jury trial, appellant was convicted on all counts of an eleven count indictment charging violations of the Federal Narcotics Law, and on June 20, 1963, was sentenced to the custody of the Attorney General for a period of twenty years on each count, the sentences to run concurrently.

On October 31, 1963, appellant filed a motion in this court which, in substance, was a request to permit appellant to file an appeal from the district court judgment after the time set by Rule 37 (a) Federal Rules of Criminal Procedure had expired, or, in the alternative, for a writ of habeas corpus. On November 18, 1963, this court denied the motion for lack of jurisdiction, citing United States v. Robinson, 361 U.S. 220 , 80 S.Ct. 282 , 4 L.Ed.2d 259 (1960), and refused to treat the issue as an application for a writ of habeas corpus.

On June 27, 1966, appellant filed a petition in the district court under the provisions of 28 U.S.C. § 2255 , requesting the judgment of conviction be set aside “so that he would be restored to the status of one whose sentence has just been imposed and who has ten (10) days within which to institute a direct appeal.” The petition was denied without a…